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Limiting simultaneous operation of multiple leafblowers on properties
Over the years the Greenburgh Town Board has struggled over what to do to address leaf blower complaints. Almost every time that we propose an ordinance half the people like the proposal and half of our residents hate it. Our new Greenburgh Town Attorney, Joe Danko, drafted a more simplified version, which solely amends the noise ordinance, as opposed to creating a new chapter which specifically applies to gas powered leaf blowers. A public hearing on the proposed law will be held this coming Wednesday night, April 26th after 7:30 PM. Feel free to email email@example.com with your thoughts, comments or suggestions.
This proposed law would satisfy a large percentage of residents who complain about the noise from leaf blowers, while also not being overly complicated and difficult to enforce.
This law would:
PAUL FEINERGreenburgh Town Supervisor
TOWN of GREENBURGH
A local law amending § 380-7(I) of the Town Code of the Town of Greenburgh pursuant to New York State Constitution Article IX and New York Municipal Home Rule Law § 10 regulating the use of leaf and garden blowers.
BE IT ENACTED by the Town Board of the Town of Greenburgh:
§ 1. Title.
§ 2. Legislative Findings.
§ 3. Amendment to § 380-7(I).
§ 4. Severability.
§ 5. Effective Date.
§ 1. Title. This law is entitled “A local law amending § 380-7(I) regulating the use and operation of yard and garden blowers.”
For the promotion of public welfare, the Town Board of the Town of Greenburgh finds it necessary to amend the Town Code by regulating the permissible use of yard and garden blowers within the Town to address noise and environmental concerns.
§ 380-7(I) of the Greenburgh Town Code is hereby amended as follows (deleted text in strikeout; new text underlined):
The operation of gasoline-powered power lawn mowers, leaf blowers or other gasoline-powered lawn or garden equipment or construction tools is prohibited between the hours of 8:00 p.m. and 8:00 a.m. any weekday, before 9:00 a.m. or after 6:00 p.m. Saturday or any holiday or before 11:00 a.m. or after 6:00 p.m. Sunday. Operation of a gasoline-powered power lawn mower, leaf blower or other gasoline-powered lawn or garden equipment or construction tool in a residential zone may not exceed 75 dBA measured 50 feet from the property line at any time. Operation of gasoline-powered leaf and garden blowers in excess of 55 dBA is prohibited. from May 1 through October 1 of each year.
The simultaneous operation of more than one leaf blower on property of five thousand (5,000) square feet or less in area is prohibited. The simultaneous operation of four or more leaf blowers on any size parcel is prohibited.
§ 4. Severability
The provisions of this local law are intended to be severable. If any provision of this local law is found by a Court of competent jurisdiction to be unconstitutional or otherwise invalid, such findings shall not be deemed to invalidate the local law as a whole, nor any other section or provision thereof, other than that which is found to be unconstitutional or otherwise invalid.
§ 5. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State and cease to be in effect one year after filing unless extended by the Town Board.